EPA sent Teck Cominco Metals, Ltd. a Special Notice letter on October 10, 2003, which began a 60-day period of formal negotiations between EPA and the company on an agreement to study pollution in the Upper Columbia River.

Negotiations for a voluntary agreement with Teck Cominco American Inc. were ended on November 26, 2003. Contributing to the impasse was the company's unwillingness to address U.S. environmental and health standards in its proposed study, and to meet the same conditions as U.S. companies must meet.

EPA issued a Unilateral Administrative Order to Teck Cominco Metals of Trail, British Columbia, Canada, on December 11, 2003. The Order requires the company to conduct an investigation of the extent and impacts of contamination from the company's smelter in Trail. The Order also requires the company to develop and evaluate options for protecting human health and the environment from the contamination.